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(영문) 인천지방법원 2014.10.30 2014고단5409

강제추행

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On July 2, 2014, around 00:50 on July 2, 2014, the Defendant committed an indecent act by force against the victim E (the 53 years old), who was a guest, at the entrance of the Data club located in Nam-gu Incheon Metropolitan City, and at the front entrance of the above club where the Defendant was an employee, by using the victim’s chest knife with a sudden hand.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness E’s legal statement (the victim E was in the state of drinking alcohol at the time, and some circumstances before and after the commission of the crime are somewhat difficult to make accurate statements, but it is clearly made from the investigative agency to the court, and it is deemed that the victim has credibility in light of his/her attitude to make statements);

1. Application of Acts and subordinate statutes to report on investigation (case for the site of the case);

1. Article 298 of the Criminal Act applicable to the crimes;

1. Selection of a selective fine for punishment (the health of the accused is not good, due to the circumstances that are economically difficult, and there is no record of punishment exceeding the fine, etc.);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where this judgment becomes final and conclusive to file for the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act with respect to a provisional payment order, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the head of the

However, an order for disclosure or notification of registered information needs to be carefully and carefully given that it may have a significant impact on the defendant, and in this case, it is determined that there are special circumstances that may not disclose personal information, such as that the registration of personal information alone appears to have an effect to prevent recidivism by the defendant. Thus, it does not issue an order for disclosure or notification of registered information.